西部少数民族地区新农村建设中可持续农业研究

可持续农业的总目标是实现农业的可持续性发展。然而,在我国部分贫穷的西部农村少数民族地区,贫困人口还没有摆脱依赖自然资源生存的状况,加之随着现代化进程的加快,我国自然生态环境的不断恶化和污染向乡村的转移,自然生态环境污染已经成为“三农”问题的重要内涵。扎实推进西部少数民族地区新农村建设,应落实科学发展观,推行可持续农业,注重农业生态环境的保护和开发,健全法律监督机制,提高农民的综合素质,促进人与自然的和谐。     

The political implications of popular support for presidential term limits in Russia

With Vladimir Putin having commenced his second term, the issue of the constitutional limit of two successive terms for the president has again become politically salient in Russia. In this article, two specialists of Russian politics investigate public support in 2018 for term limits. They address three questions. Why does the issue of term limits matter? To whom in Russia does it matter? Is opposition to abolishing terms limits likely to be politically divisive? Their findings point in general to a shift in the level and character of support for term limits since 2012. Opposition to term limits has grown over time, and while in 2012 support for term limits was drawn from supporters of more authoritarian leadership, today it includes engaged democrats with negative views of the economic situation. They also find that supporters of term limits remain more likely to support political protest.     

Why do authoritarian regimes adopt bicameralism? Cooptation,control, and masking controversial reforms

The adoption of bicameralism in the world is increasingly an authoritarian phenomenon: while the percentage of bicameral democracies is in decline, there has been a steady increase in bicameral non-democracies. What makes non-democracies turn to bicameralism? We argue that bicameralism may serve as a means of post-conflict reconciliation or control of the legislature when the opposition gains seats in the lower chamber. We also propose a novel explanation whereby the introduction of bicameralism helps to mask a set of more controversial constitutional reforms. Drawing on a new dataset on second chambers from 1945 to 2016, we find that bicameralism is more likely to be adopted during years when formal presidential term limits are in place or when leaders are in their last term. This is because bicameralism is often a by-product of broad institutional reform that assists in justifying and legitimating the need for constitutional revision and in masking the extension of presidential term limits. The findings improve our understanding of institutions and institutional origins in dictatorships.     

Financial management conservatism under constraints: tax and expenditure limits and local deficit financing during the Great Recession

This paper investigates the relationship between tax and expenditure limits (TELs) and local government deficit financing decisions following the recent recession. Cities under the resource constraints are hypothesised to practise conservatism in financial management decisions and thus less likely to deficit finance during difficult times. Using data from 2005 to 2012 Comprehensive Annual Financial Reports of the 50 largest US cities, this paper finds that cities subject to a binding TEL are more likely to control expenditure growth from pre-crisis years to years following the recession; these cities are also less likely to increase deficit financing following the recession, as indicated by a relative increase in their net assets. Although continuous deficit erodes fiscal sustainability and is an undesirable management practice, deficit financing during recessions may be needed for smoothing expenditure and sustaining service provision. The management conservatism associated with the fiscal rules may contribute to the cyclicality of local spending.     

论房屋登记手续在合同中的效力

本文通过两个案例、四份合同,分析论证厂房屋的租赁、抵押、买卖行为,法律规定登记手续的三种不同效力;一是行政备案登记,二是生效对抗登记,三是物权转移登记。     

“正当防卫”四十年:“于欢案”映射刑法第20条的修改

自1979年刑法颁布以来至今已整整四十年,"正当防卫"几经博弈甚至1997年刑法中的重大修改,但运行中仍然暴露出许多问题。尤其是山东"于欢案"的出现与发酵,透射着刑法第20条的亟待修改。通过对该案多层面的分析提出我国刑法中"正当防卫"立法上的一些缺陷与不足,包括对"不法侵害"的解读及修改,"明显超过必要限度"与"造成重大损害"的"绑定"关系,刑法第20条第1、2款"正当防卫"概念的歧义等。指出,"明显超过必要限度"应具有行为上的独立性与条件上的主导性,"造成重大损害的"应修改为"造成不应有重大损害的",建议在"正当防卫"与"防卫过当"之上增设"防卫行为"的上位概念,以厘定相关的刑法规制关系。     

沉默权与用高科技手段取证

沉默权是犯罪嫌疑人、被告人对侦查、检察、审判人员的提问享有沉默不语的权利。本文阐明何为沉默权、沉默权的模式 ,认为我国法律宜在起诉阶段赋予沉默权 ;若从侦查阶段赋予沉默权 ,必须采用高科技手段取证。     

论正当防卫的限度

正当防卫必要限度的科学定义,应该体现法定性、必要性和相对性三个基本特征。防卫正当与否主要在于防卫人损害的不法侵害人的法益和不法侵害人所欲侵害的防卫人的法益的对比关系,前者等于或小于后者,为正当防卫,前者大于后者,为防卫过当。据此可以顺带得出一个结论:《刑法》第20条第3款规定的并不是无限防卫,而只是正当防卫的一种特殊情形。     

Race and Class

This article examines the rise of the Independent Workers Union (IWU) in Ireland, North and South, in relation to the bifurcation of trade unionism on the Island, from 1900 until the demise of the so-called Celtic tiger in the early years of the twenty-first century. It is argued that two competing ideological and political trajectories defined the major divisions in the Irish labour movement and where given added impetus with the formation of two separate states after 1920. One tradition was committed to an idea of a progressive British empire, while the other was born of a movement linking together trade union, class and national autonomy. A trade union with a long history and recent past, the IWU represents a labour movement formation whose tradition extends the latter: it is committed to developing forms of opposition to state and capital. If more subdued since the partition of the island, this tradition was reignited with the implosion of Social Partnership in the South and the rise of the new sectarianism in the North. Neoliberalism, with its consequent assault upon labour and its various institutions more broadly, provided additional impetus to the creation of the IWU in 2004. The article also assesses its various alternative union and community organising strategies.